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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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Not sure which category to use for this questions. My wife

Resolved Question:

Not sure which category to use for this questions.
My wife and I have recently separated, she now lives in England and I am still in Scotland as I still have a job here.
My question is she had a home in Germany, she is German by birth, which was left to her by a benefactor since she was around 8 years old and the will stated that her mother could live in the house until her death, she has now passed and the house was put on the market in 2011 - her sister and herself were the owners - the house sold in 2013 before we split and the money is still in Germany. She refers to this as an inheritance - not sure if this is an inheritance? Can you advise and also advise whether I have a claim on this ?
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.

Hi Thanks for your question. Obviously this asset is an inheritance but I assume your underlying question is whether you can get some share of it. There are no hard and fast rules about this and it may also depend upon where you got married, where you divorce and a number of other factors such as the overall assets , whether there are children, the length of the marriage and the contribution of the parties. Under UK law generally the principle is that future needs of the a parties ( and any children) is the primary factor. Where there are substantial assets apart from any inherited wealth and the parties can provide for themselves adequately out of the matrimonial assets then an inheritance is likely to be ring fenced . If however it is material in the overall assets then it is likely t one taken into account. So a lot depends upon what other assets you have, how long you were married and so on.

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